What Is BNSS Section 488?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 488: Declaration by sureties

Every person standing surety to an accused person for his release on bail shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.

Brefe Detail

Section 488 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires individuals acting as sureties for an accused person to declare the number of persons for whom they have provided surety. This declaration must be made before the Court and should include all relevant details regarding the surety arrangements.

Question & Answers

Q1: What must every person standing surety for an accused do?

A1: They must make a declaration before the Court regarding the number of persons for whom they have stood surety, including the accused.

Q2: What information should be included in the declaration?

A2: The declaration should include all relevant particulars concerning the surety arrangements.

Example

1. Scenario: A person agrees to act as a surety for an accused individual.
Action: They appear in Court and declare that they have also stood surety for two other individuals.
Outcome: The declaration is recorded, ensuring transparency in the surety process.

2. Scenario: A surety is required to provide information about their commitments.
Action: The surety declares they are providing surety for one other person besides the accused.
Outcome: The Court acknowledges the declaration and considers it in the bail process.

Summary

Section 488 mandates that sureties for an accused individual must declare the total number of persons for whom they are providing surety. This declaration, made before the Court, ensures transparency and allows the Court to assess the surety’s commitments accurately.